Utah REPC Explained: What Buyers and Sellers Need to Know

Every residential real estate transaction in Utah uses one standard form: the Real Estate Purchase Contract, commonly called the REPC. The Utah Association of Realtors produces it, and it governs everything from the offer price to the possession date to what happens if something goes wrong in the middle.

Most buyers read it once, quickly, when their agent emails it over and says "take a look before you sign." Most sellers skim it when reviewing an offer. That's how deadlines get missed, contingencies lapse, and deals fall apart in ways that were completely avoidable.

Here's what the REPC actually says, in plain language.

The REPC opens with the purchase price, the earnest money amount, and where the earnest money is held (typically with a title company).

In Utah, earnest money usually runs between 1 and 2 percent of the purchase price, though this is negotiable. The money is deposited within a few business days of contract acceptance. At closing, it applies toward your down payment and closing costs. It's not an extra charge on top of what you owe.

If the sale falls through for a reason covered by the contract, the earnest money typically returns to the buyer. If the buyer backs out without a contractual basis, the seller may keep it.

If the buyer is using a mortgage, the REPC includes a financing contingency. This section specifies the loan amount, the loan type (conventional, FHA, VA, USDA), and the maximum interest rate the buyer is willing to accept.

The financing deadline is the date by which the buyer must secure a loan commitment or notify the seller that financing has fallen through. If the buyer can't get the loan and notifies the seller before the deadline, the earnest money comes back. If they miss the deadline and can't close, they may lose the earnest money.

This is why working with a lender who can deliver on what they say matters from the start. Buyers who are genuinely pre-approved, with documentation reviewed and verified, for the specific loan type written in the contract have real protection.

The due diligence period is the buyer's protected window to investigate the property. In Utah, it's typically 14 days from the date the seller accepts the offer, though it can be negotiated shorter or longer.

During due diligence, the buyer can: schedule and complete home inspections, review the Seller Property Condition Disclosure, order additional inspections for sewer, radon, or structure, walk the property again, and make repair requests or ask for credits based on inspection findings. See my guide on what to expect during a home inspection in Utah for that part of the process.

At the end of due diligence, the buyer has three options: approve the condition and move forward, submit a repair request or credit request, or terminate the contract and receive their earnest money back.

Once the buyer approves condition in writing, the due diligence protection is gone. Buyers need to complete inspections early in the window and make decisions before the deadline, not after it.

Utah requires sellers to complete a Seller Property Condition Disclosure before a buyer goes under contract. This form covers known material defects: roof condition, foundation, plumbing, electrical, HVAC, flooding or water intrusion history, environmental issues, and more. See my full breakdown in Utah seller disclosure requirements.

The disclosure is a legal document. If you sell a home and fail to disclose a known problem, you can face liability after closing.

A clarification that comes up often: as-is listings still require this disclosure. "As-is" means no repairs. It does not mean no disclosure.

The REPC specifies a closing date, which is when the transaction funds, legal title transfers, and the deed records. For financed purchases in Utah, 30 to 45 days from acceptance is typical. Cash purchases can close in as little as 10 to 14 days when both parties are ready. My guide on what to expect after your offer is accepted walks through this window in detail.

Possession is usually at closing. The contract can allow for other arrangements: a seller-in-possession agreement if the seller needs a few days after closing to move, or a pre-possession agreement if the buyer needs access before closing. Both carry risk and both need to be in writing with specific terms.

If a seller needs to stay past closing, the agreement should include a per-day holdover amount and a hard end date.

The REPC contains a "time is of the essence" clause. This means every deadline in the contract is real, not a rough guideline.

Miss the financing deadline and you may lose earnest money protection if you can't close. Miss the due diligence deadline and you've waived your inspection rights. Miss the closing date without an extension agreed to in writing and the other party may have grounds to terminate.

Your agent should track every deadline in your transaction and notify you before they arrive. Not the morning of. Before.

Understanding the REPC before you're under contract makes every part of the transaction clearer. You know what protects you, what you're waiving when you choose to waive something, and what the other party can do if you miss a deadline.

I hold free buyer and seller seminars that walk through the contract process in plain language, so you know what you're agreeing to before you make your first offer. Call me directly at 801.201.2949.

What does REPC stand for in Utah real estate? REPC stands for Real Estate Purchase Contract. It's the standard purchase agreement used in Utah residential real estate transactions, produced by the Utah Association of Realtors and updated periodically to reflect current law and market practice.

How long is the due diligence period in a Utah REPC? The due diligence period is typically 14 days from the date the seller accepts the offer, though it can be negotiated shorter or longer. During this window, buyers conduct inspections, review the seller disclosure, and decide whether to proceed, request repairs, or terminate the contract.

What happens to earnest money if a deal falls through in Utah? If the buyer terminates during a protected contingency period, such as during due diligence or financing, earnest money typically returns to the buyer. If the buyer backs out after contingencies have been waived or after deadlines have passed without exercising their rights, the seller may be entitled to keep the earnest money.

Is the REPC the same for all types of Utah home purchases? The standard REPC form is used for most residential transactions, but it's often accompanied by addenda for specific situations: FHA or VA loans, short sales, new construction, and others. The base form is standard across transactions; the addenda customize it for the specific deal type.

When does earnest money become non-refundable in Utah? Earnest money is generally at risk once contingencies are waived and the due diligence period ends. If a buyer approves the property condition in writing and financing is secured, but they then choose not to close, the earnest money may be forfeited. The exact conditions are defined in the REPC.